New Mexico Register / Volume XXXVI,
Issue 10 / May 20, 2025
NOTICE
OF RULEMAKING
The
New Mexico Health Care Authority (HCA), through the Medical Assistance Division
(MAD), is proposing to amend the New Mexico Administrative Code (NMAC) rules 8.281.600,
Medicaid Eligibility-Benefit Description and 8.290.600, Medicaid
Eligibility-Benefit Description.
Section 9-8-6 NMSA
1978, authorizes the Department Secretary to promulgate rules and regulations
that may be necessary to carry out the duties of the Department and its
divisions.
Notice
Date: May 20, 2025
Hearing
Date: June 23, 2025
Adoption
Date: November 1, 2025
Technical
Citations: 42 CFR 435.201 and 435.217
Background
The HCA is revising our Institutional Care
and Home-and Community-Based Waiver services level of care (LOC) sections to
remove outdated language and add clarifying language.
The Health Care
Authority is proposing to amend the rules as follows:
8.281.600 NMAC
Section 12 B is
revised to add the term “designated third party assessor” who can make level of
care (LOC) determinations. Language is also added that LOC determinations are
completed annually, “for all institutional Medicaid programs.”
Other minor
language changes were made throughout this rule for NMAC consistency.
8.290.600 NMAC
Section 12 B is revised
to add the term “designated third party assessor” who can make level of care
(LOC) determinations. Language is also added that LOC determinations are
completed annually, “for home and community-based waiver programs.” Outdated
text is removed from this section.
Other minor
language changes were made throughout this rule for NMAC consistency.
I. RULE
These
proposed rule changes will be contained in 8.281.600 and 8.290.600 NMAC. This register and the proposed rules are
available on the HCA website at:
https://www.hca.nm.gov/lookingforinformation/registers/ and https://www.hca.nm.gov/comment-period-open-2025/. If you do not have internet access, a copy of
the proposed register and rule may be requested by contacting MAD at (505)
827-1337.
II. EFFECTIVE DATE
The Health Care
Authority proposes implementing this rule effective November 1, 2025.
III.
PUBLIC HEARING
A
public hearing to receive testimony on these proposed rules will be held on
June 23, 2025, at 9:30 a.m., Mountain Time (MT). The hearing will be held at the
Administrative Services Division (ASD), 1474 Rodeo Rd, Santa Fe, NM 87505 and
via Microsoft Teams.
Join
Teams Meeting
Join
the meeting now
Meeting
ID:
254 306 040 43
Passcode: cd2J2LU9
Dial
in by phone
+1
505-312-4308,,762698817# United States, Albuquerque
Find
a local number
Phone
conference ID: 762 698 817#
If
you are a person with a disability and you require this information in an
alternative format or require special accommodation to participate in the
public hearing, please contact the MAD in Santa Fe at (505) 827-1337. The HCA requests at least ten (10) working
days advance notice to provide requested alternative formats and special
accommodations.
Copies
of all comments will be made available by MAD upon request by providing copies directly
to a requestor or by making them available on the MAD website or at a location
within the county of the requestor.
IV. ADDRESS
Interested
persons may address written comments to:
New
Mexico Health Care Authority
Office
of the Secretary
ATTN:
Medical Assistance Division Public Comments
P.O.
Box 2348
Santa
Fe, New Mexico 87504-2348
Recorded
comments may be left at (505) 827-1337.
Interested persons may also address comments via electronic mail to:
HCA-madrules@hca.nm.gov. Written mail,
electronic mail and recorded comments must be received no later than 5 p.m.
MT on June 23, 2025. Written and
recorded comments will be given the same consideration as oral testimony made
at the public hearing. All written
comments received will be posted as they are received on the HCA website at
https://www.hca.nm.gov/lookingforinformation/registers/ and
https://www.hca.nm.gov/comment-period-open-2025/ along with the applicable
register and rule. The public posting
will include the name and any contact information provided by the commenter.